In a California Civil Case, does the defense have to pay the prosecution's lawyer fees

S

Sara S

New member
if they lose? My roommates have been harassing me and doing illegal things in the apartment. I'm bound to a lease with them, but have refused to stay and pay rent under the fact that the apartment is uninhabitable for me. Now my roommates want to go to court because I'm not paying rent, and I don't have any physical evidence of their illegal activity, but I do have tons of witnesses. The only thing I'm scared of is that I'll have to pay their lawyer fees if I lose. Can they tack their lawyer bill to me if this is the case?
 
If the case goes to Small Claim Court you wont have to pay legal cost of anyone.

If the case goes to regular Civil Court then you might be required to pay the legal costs if you lose (but it's up to the Judge to require you to do so or not).

And it's not "prosecution's lawyer" it's "plaintiff's lawyer."
 
If the case goes to Small Claim Court you wont have to pay legal cost of anyone.

If the case goes to regular Civil Court then you might be required to pay the legal costs if you lose (but it's up to the Judge to require you to do so or not).

And it's not "prosecution's lawyer" it's "plaintiff's lawyer."
 
Procecutors do not work in civil courts.
The plaintiff in a civil case can ask the court that the defendant pay the plaintiff's attorney fees. That might only happen if the plaintiff wins.

If they take you to small claims court (most likley), no attorneys are needed and therefore no attorneys fees will be granted by the court.
 
Back
Top